October 1st, 2024 at 08:20 am

Study in Canada: Canada Launches Fast Appeal Process for Denied Study Permits

The goal of Canada’s Study Permit Pilot Project is to expedite the judicial review procedure for study permits that are denied. The project, which is scheduled to go live on October 1, cuts the processing time down from up to eighteen months to only five months. Find out who can apply and under what circumstances.

There’s cause for celebration for those foreign students who were refused a study permit in Canada! The Federal Court of Canada has started a new pilot program to expedite the appeals process considerably.

Canada is launching a new program on October 1st that may help foreign students whose applications for study permits were turned down. The goal of the Study Permit Pilot Project is to speed up the court review procedure for study permits that are rejected.

Overview: Study Permit Pilot Project

On October 1, the Federal Court of Canada announced the commencement of the Study Permit Pilot Project, a new project designed to speed up the court review procedure for study permit applications that are denied. It seeks to streamline appeals by cutting the processing period from 14–18 months to less than five months.

Present Method for Examining Applications That Are Turned Down

It can take anywhere from 14 to 18 months to file an appeal through judicial review of a Canadian study permit application that has been denied under the existing system. To contest an immigration decision, a person must first request leave and judicial review. This process is supervised by the Federal Court of Canada.

In the current arrangement, the petitioner is granted permission (leave) to continue with the judicial review by a judge. The matter proceeds and is evaluated on its merits by the court if the judge grants leave. The court will, however, take into account the leave request and the actual review simultaneously under the new Study Permit Pilot Project.

No Additional Charges

The favorable tidings? To participate in this new pilot, there are no extra costs. There is still a $50 standard filing cost for judicial reviews.

Eligibility Criteria for the Study Permit Pilot Project

Students must fulfill certain requirements to be eligible for Canada’s Study Permit Pilot Project, which aims to streamline the review procedure for study permits that are denied. Below is a summary of the eligibility prerequisites:

• Refusal of Study Permit: Applicants must have sought and been denied a Canadian study permit before, as confirmed by Immigration, Refugees and Citizenship Canada (IRCC).
• Opt-In Consent: To take part in the pilot study, the student (also known as the applicant) and IRCC must consent. This implies that for the new, shortened process to move forward, both sides must be willing.
• Agreement on Facts: The applicant and IRCC must agree on the facts submitted in the first application. This contains every document sent to the IRCC as well as the explanations provided for the rejection. The case’s fundamental facts shouldn’t be up for debate.
• Simple Case: There shouldn’t be any intricate legal or factual concerns in this case. Cases needing a certified question, for instance, or those involving issues of inadmissibility or national security are not acceptable.
• Timely Submission: Requesters have to submit their documents by the deadline. Requests from non-Canadian applicants must be submitted within 60 days of the rejection letter being sent to them. Students have 15 days from the date of rejection to submit their application if they are applying from within Canada.
• No New Evidence: The pilot scheme does not allow for the admission of new evidence through affidavits. As a result, candidates are not permitted to submit any additional information to what they initially submitted.
• No Requests for Extensions: The applicant must not require an extension to submit the leave application. This is to guarantee that the pilot project’s accelerated pace is preserved.

Applying to the Study Permit Pilot Project

Use these procedures to apply for the Study Permit Pilot Project:

• Meet the Deadline: Applicants must submit their applications within 15 days if they are already in Canada, and 60 days if they are applying from outside the country.
• Electronic Submission: All documents must be submitted electronically through the court’s electronic filing system.
• Use Form IR-1: The official application for leave and judicial review is Form IR-1.
• State Involvement: Make sure the application form mentions the Pilot Project in three distinct parts. You should supply this information to confirm that you are a part of the pilot study.

You can apply for the Study Permit Pilot Project and possibly speed up the appeals procedure for your denied study permit by following these steps and fulfilling the qualifying requirements.

A Step Towards Equality and Efficiency

By providing overseas students with a quicker and more effective means of appealing their denied study permit applications, this new pilot initiative may make it possible for more students to fulfill their aspirations of pursuing higher education in Canada.